Park Summit Realty Corp. v. Frank

Full title: PARK SUMMIT REALTY CORP., Appellant, v. LEN FRANK et al., Respondents

Court: Court of Appeals of the State of New York

Date published: Jun 23, 1982

56 N.Y.2d 1025 (N.Y. 1982)

453 N.Y.S.2d 643

439 N.E.2d 358

Opinion

Decided June 23, 1982

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, LESTER EVENS, J.

M. William Scherer for appellant.

George R. Osborne for respondents.

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order affirmed, with costs. A notice to cure was required whether the proceeding be as a holdover after termination of tenancy (RPAPL 711, subd 1; Code of Metropolitan Hotel Industry Stabilization Assn. [Hotel Code], §§ 50, 53, subd [a]) or as a nonpayment proceeding (RPAPL 711, subd 2; Hotel Code, § 50).

Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.